Author Archives: Rolf Ortlep

About Rolf Ortlep

Rolf Ortlep is as an associate professor, affiliated with the Institute for Jurisprudence, Constitutional and Administrative Law of the University of Utrecht.

The Urgenda judgement: legislature and government under intensive judicial supervision

Rolf Ortlep

Writing something about the Urgenda judgement (Rechtbank Den Haag 24 June 2015, ECLI:NL:RBDHA:2015:7145) might seem abundant at this point. After all, a lot of literature about the judgement has already been published. Is the judgement really so special? That can, with good reason, not be denied.

The Urgenda Foundation is the organisation for sustainability and innovation which aims to together with companies, governments, civil organisations and individuals, make the Netherlands sustainable more quickly. This foundation has filed a civil case against the State, because according the foundation while the government has recognized the urgency of the climate problems, it has taken insufficient action to prevent dangerous climate change. In the Urgenda judgement the State, on the basis of the standard of due care observed in society as set out in article 6:162 of the Dutch Civil Code, is subject to a periodic penalty payment ordered to reduce the annual greenhouse gas emissions by 2010 by at least 25 percent compared to the 1990 levels. The relevant international provisions for the case cannot be relied on at law at the national judge, in the sense that they are unsuitable to be directly applicable as positive law in the national legal system and they are therefore not binding on all persons as provided in articles 93 and 94 of the Dutch Constitutions. However, the court applies the so-called consequential effect. The latter means that the court, in applying the national open standards, such as the standard of due care observed in society, takes into account international provisions that are not binding on all persons as provided in articles 93 and 94 of the Dutch Constitution.


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The Unity of Law 3: A step towards a definition and instruments that can optimize the unity of law

court_of_justice_of_the_european_unionRolf Ortlep

Introduction

In my previous blog I gave a modest impetus to define the concept of ‘the unity of law’ and I have discussed a number of instruments which in any case (also) aim to optimize the unity of law. The following four instruments are distinguished: institutional reform, preliminary ruling procedure, coordination and a differentiated discursive substantiation requirement. The first instrument was discussed in my previous blog. I will now discuss the other three instruments. Continue reading

The Unity of Law 2: A step towards a definition and instruments that can optimize the unity of law

hamerRolf Ortlep

In his ‘The Unity of Law 1: Blogging about the unity of law?’, Eddy Bauw gave an inspiring kick-off on the subject of the unity of law. It is the intention to – with this blog as a starting point – start a series about that topic. With this blog and the next blog, this challenge is taken up. Continue reading